Loading...
Ordinance No. 6391 2 3 4 5 6 7 8 9 10 13 14 15 16 17 18 19I 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 63? ,r AN ORDINANCE OF THE CITY OF VERNON GRANTING A FRANCHISE TO THE LOS ANGELES JUNCTION RAILWAY COMPANY, A CORPORATION, AND ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A SPUR TRACK ACROSS AND UPON SEVILLE AVENUE IN THE CITY OF VERNON. THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS FOLLOWS: Section 1: That a franchise be and the same is hereby granted to Los Angeles Junction Railway Company, a corporation, its successors and assigns, for a term of fifty (50) years, to lay, construct, maintain, use and operate a railroad spur track upon and across Seville Avenue, in the City of Vernon, County of Los Angeles, State of California, the respective center line of said spur track to be between the points and in the location des- cribed as follows: Beginning at a point in the westerly line of Seville Avenue, 60 feet in width, North 1 32' 16" West thereon 356.26 feet from the center line-of 45th Street, 60 feet in width, said point of begin- ning being in the arc of a curve concave south- westerly having a radius of 268.06 feet bearing South 12° 14' 07" West from said point of beginning; thence southeasterly along said curve 64.27 feet to a point in the easterly line of said Seville Avenue, North 1° 32,' 16" West thereon 333.66 feet from said center line of 45th Street. For further particulars, and as a part hereof, reference is hereby made to the application therefor and the map accompanying same, dated October 12, 1950, on file in the office of the City Clerk of Vernon. Section 2: That said spur track which may be laid and operated under this franchise shall be used for the transporta- tion of freight only and not as any part of a main line; and shall be used solely for the purpose of receipt and delivery of freight to and from connecting warehouses, manufactories and other business industries and enterprises with the main line of the Grantee, its successors and assigns, in said City of Vernon. Section 3: That the spur track which may be laid under the privilege hereby granted shall be constructed of first -class 1. 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 20 21 22 23 24 25 26 27 28 29 30 31 32 materials, with girder rails, section RE 7 -A original, weighing not less than one hundred and twenty -eight (128) pounds per yard; shall correspond to the official grade of the street across or along which it may be placed, as now established by said City of Vernon, the top of rails to be flush with the surrounding surface of the street; and all portions of the street occupied by the said spur track, including the areas within two (2) feet outside each rail thereof, shall be paved under the instructions of, and to the satisfaction of, the City Engineer of the City of Vernon. Section 4: The right, privilege and permission hereby granted shall be exercised and enjoyed subject to the following conditions: (a) That no cars or locomotives shall be permitted at any time to stand upon the street occupied by said spur track except during the time actually employed in switching; and that said spur track shall at all times be used so as not to obstruct the use of said street by vehicles or pedestrians more than is necessary, consistent with the uses for which said spur track is to be constructed. (b) That the said Grantee, its successors and assigns, shall construct and maintain all flumes and culverts for passage of storm waters under said spur track whenever or wherever directed to do so by the City Council of the City of Vernon, said construction to be in accordance with plans and specifications therefor approved by the City Engineer. Whenever a public storm water drain will have been constructed in the immediate vicinity of said spur track, the Grantee shall, if so directed by the City, remove any or all flumes and culverts theretofore constructed and replace same with standard 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 181 19 20 21 22 23 24 25 26 27 28 29 30 31 32 catch basins connecting with said storm drain, said replacement to be in accordance with plans and specifications therefor approved by said City Engineer. (c) That the said Grantee, its successors and assigns, shall at all times maintain said spur track at the level of the official grade and to the full width of said street, as now established or as may hereafter be established by said City of Vernon; and shall repair, pave or repave that portion of the street occupied by said spur track, including the area within two (2) feet outside each rail thereof, under the instruction of, and to the satisfaction of, said City 'ngineer. (d) That the said Grantee, its successors and assigns, shall, at its own cost and expense, repair, maintain, safeguard and support.said spur track across or along the trench or other excavation in said street, during construction or reconstruction of sub - surface structures of any kind or description, the installation of which is being done under authority of City of Vernon. (e) That the said Grantee, its successors and assigns, shall at its own cost and expense, install, construct, maintain and operate all warning signs, bells, lights, traffic signals, electric track circuits and /or any other safety device and appurtenances for the pro- tection or convenience of vehicles and pedestrians in said street, which, at any time, by reason of the ex- ercise of the rights and privileges granted herein, may be ordered installed by any Public Body having the authority to order such installation, construction, maintenance and operation. (f) That any neglect, failure or refusal on the part 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 of the Grantee, _tts successors and assigns, to ob- serve and /or comply with any of the terms or conditions herein contained shall effect a forfeiture of the right, privilege and permission hereby granted, and the City, by its City Council, may thereupon declare such rights and privileges forfeited; and may exclude said Grantee, its successors and assigns from any further use of said street occupied by said spur track, and the grant hereby made shall thereupon become and remain null, void and of no effect. (g) That, upon such forfeiture of the rights and priv- ileges granted herein, as provided in paragraph (f), above, or upon the abandonment of the use of the spur track constructed under this franchise for any reason whatsoever, the Grantee, its successors and assigns shall, at its own cost and expense, when so ordered by said City Engineer, entirely remove said spur track and appurtenances, and shall restore the street paving disturbed by such removal, together with all remodeling required to bring the street surface in the immediate vicinity to official grade with materials of the same quality and thickness then existing in said street, all of said restoration work to be done under the direction of, and to the satisfaction of, the said City Engineer. Section 5: That the City of Vernon, in granting the right, privileges and permission herein contained, expressly reserves the right to grade, pave, macadamize or regrade, 28 repave and remacadamize the street along and across which the 29 said spur track is to be constructed, and to construct and 30 reconstruct subsurface structures of any and all kind under said 31 32 spur track. Section 6: That said spur track shall be operated and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 1 27 28 29 30 31 32 maintained subject to such other regulations and conditions as may be prescribed from time to time by the Council of the City of Vernon. Section 7: That the City Clerk of the City of Vernon shall certify to the passage of this Ordinance, and shall cause same to be posted in three of the most conspicuous places in the City of Vernon, to -wit: at the northwest corner of 38th Street and Santa Fe Avenue; at the northwest corner of 37th Street and Santa Fe Avenue; and on the bulletin board in the lobby of the City Hall of the City of Vernon, located at 4305 Santa Fe Avenue, in said City; that this Ordinance shall be in full force and effect from and after thirty (30) days from the date of posting. Adopted and approved this 21 day of November , 195 i7 ATTEST: ity oLVernon City Clerk STATE OF CALIFORNIA SS COUNTY OF LOS ANGELES ) I, G. A. ANDERSON, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon held on the 8th day of November , 1950, and thereafter finally adopted at a regular meeting Council held on the 21st day of following vote: November of said City , 1950, by the AYES: Anderson, Furlong, Mailliard, Poxon, NOES: None ABSENT: None 5 Trowbrid ity tilerlc of- City of Vernon SUPPORTING DOCUMENTS R. J. FURLONG, MAYOR CITY COUNCIL G. H. ANDERSON .1. M. PDXON C. H. MAILLIARD C. W. TROWBRIDGE TELEPHONES CITY CLERK LAFAYETTE 8878 POLICE DEPT. 8964 ENGR. DEPT. " 0946 FIRE DEPT. KIMBALL 2522 CITY HALL 4305 SANTA FE AVENUE VI:RNQN 58, CALantecnaNxA October 23, 1950 Honorable City Council City of Vernon Vernon, California Gentlemen: OFFICERS G. A. ANDERSON, CLERK F. G. FRENCH. TREASURER CARSON B. HUBBARD, CITY ATTORNEY W. B. HOLLINGWORTH, CITY ENGINEER ERNEST GILES. CHIEF OF POLICE DR. E.14. HALL. HEALTH OFFICER JOHN B. MOORE, CITY JUDGE F. H. DONNELLY. FIRE CHIEF HASKINS & SELLS. AUDITORS IN REPLY REFER TO: Files: 4-C-8 4 -L -7 4-H -8 Herewith is application of the Los Angeles Junction Railway Company for a spur track crossing over Seville Avenue northerly of 45th Street. Seville Avenue at this location is a newly dedicated street in the former Los Angeles Railway property. We have prepared and submit herewith a Franchise Ordinance for the proposed track crossing. The application is in accordance with our under- standing with Central Manufacturing District, Inc., made at the time they joined in the street dedication, and it is re- commended that the Franchise be adopted, subject to approval as to form by the City Attorney. Respectfully submitted, �.i '�i__.' — ralter io ingworth, City Engineer WBH:bre cc: Mr. C. B. Hubbard, City Attorney Mr. C. J. Lumpp, V.Pres & Gen Mgr. L. A. Junction Railway Co. 1Qsi!geies juretion jZailway Company V. R. COWSERT AUDITOR LOS ANGELES Mr. Walter B. Hollingsworth Vernon City Engineer 4305 Santa Fe Avenue Vernon, California Dear Sir: TELEPHONE JEFFERSON 3241 4500 DOWNEY ROAD LOS ANGELES j October 12, 1950 This letter will serve as an application for permission to construct and lay across Seville Avenue one additional railroad track to serve the property at the southwest corner of Vernon and Seville Avenues. This property is being purchased by the Milikin Packing Company who have already made written application to us for a spur track. We believe that if it is within your power to obtain approval, this track should be placed before the final completion of the street. Attached is a print which shows the center line of the track in red which we propose to construct. A legal description for this track center line across Seville would be as follows: "Beginning at a point in the Westerly line of Seville Avenue 60 feet in width, North 1° 32' 16" West thereon 356.26 feet from the center line of 45th Street,60 feet in width, said point of beginning being in the arc of a curve concave southwesterly having a radius of 268.06 feet bearing South 12° 14' 07u West from said point of beginning; thence south- easterly along said curve 64.27 feet to the Easterly line of said Seville Avenue." You will recall that all structural changes in the street have been made anticipating this track. We would greatly appreciate any haste you may make in your request for a franchise. HGE :fk Encl. 7 ENGINEER Yours very truly, LOS ANGELES JUNCTION RAILWAY COMPANY 1950 t`ry' OF VERNON Lumpp, Vice President & Gen. Mgr. XING. N2 25- I.39 -C LOS ANGELES JUNCTION RAILWAY COMPANY OFFICE OF CHIEF ENGINEER SKETCH TO ACCOMPANY APPLICATION FOR SEVILLE AVE. CROSSING SCALE I "= 10' AUG. I 1 1950 PT. 577 H 29 Pm Decision No. 5'' BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application of City of Vernon, a municipal corporation, to construct) and improve certain public roads or) streets across certain railroads in) the City of Vernon. O R D E R Application No. 31989 The City of Vernon is authorized to construct Seville Avenue and 45th Street at grade across spur tracks of the Los Angeles Junction Railway Company in the City of Vernon, Los Angeles County, at the locations described in the application and as shown on Maps 1 and 2 attached thereto. The crossing of Seville Avenue lying north of 45th Street shall be identified as Crossing No. 25- 1.39 -C, that lying south of 45th Street as Crossing No. 25- 1.19 -C, and 45th Street shall be identified as Crossing No. 25- 1.31 -C. Applicant shall bear entire construction expense, also maintenance cost outside of lines two feet outside of rails. Width of each crossing shall be not less than 36 feet and grades of approach not greater than two percent. Construction shall be equal or superior to Standard No. 2 of G. 0. 72. Protection at each location shall be by two Standard No. 1 crossing signs (G. 0. 75 -B). Within 30 days after completion pursuant to this order, applicant shall so advise the Commission in writing. This authori- zation shall become void if not exercised within one year unless time be extended or if above conditions are not complied with. Authorization may be revoked or modified if public convenience, necessity, or safety so require. As the contractor has assured A. 31989 - pm completion before the end of this year by depositing a bond in a significant amount, applicant requests that the order be made effective on its date. For this reason the effective date of this order shall be the d to here f. ated a day of , 1950. California, this /7 -- R. E. MITTELSTAEDT JUSTUS F. CRAEMER IRA H. R©WELL HAROLD P. HULS {:F?NNETi I FOTT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ▪ 26 O r • I m 27 < • 1■1 o OP- z :rj 28 01" Xold ,E041611j. 29 z). z 01-:50 = mat) t 30 o ix 0z a 0- 31 32 AF.I-,,WVIT OF POSTING Stae of California ) County of Los Angeles) ) ) City of Vernon G, A. ANDEHSON, City Clerk or the City of Vernon, do hareby certify that i did on the 22 day of November 1950, post 3 copies of Ordinance 639 in the following places to-wit: At the northwest corner of 38th Street and Santa Pe Avenue, at the northwest corner or 37th Street and Santa Fe Avenue, and at the entrance to the City Hall located at 4305 Santa Fe Avenue, there being no newspaper of 7,eneral circulation printed and published in the City of Vernon. Signed this "?-12 lay o 1950. erson, City Clerk, City of Vernon, Calif ornia, SUbliCribed 4I1C1 or to before me thi$ In 10 ___ of ini'V',1114 19. 4-k) otary Public Cseaty et Los am tite of Callfetsit Cammi, Eivins pet. 6. )1161 Los ANGELES JUNCITONRAILINLY COMPANY. 4500 Downey Road Los Angeles, California Docember 1, 1950 120.4.b JJB California Public Utilities Commission State Building an Francisco 2, California Ro: Aoblication for Authority to Construct a Spur Track Across and Upon Seville Avenue, in the City of Vernon, County of Los Angeles, State of California. 00 Gentlemen: Enclosed are original and eight copies of the applic, . tion of the Los Angeles Junction Railway Company for authority to oonstruct a spur track in the City of Vernon, County of Loa Angoles, State of California. You will note from the application that a copy has bean mailed to the City of Vernon aims the street is under their jurisdiction. vm Eno 1. 00/ Vary truly yours JO:tiff J. SALLUFP Attorney • William H. Gorman, Director, Los Angeles • G. A. Anderson, City Clerk, Vernon, Califo 1 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA APPLICATION OF THE LOS ANGELES ) JUNCTION RAILWAY COMPANY, A CORPORATION, FOR AUTHORITY TO ) CONSTRUCT A SPUR TRACK ACROSS ) AND UPON SEVILLE AVENUE, IN THE ) CITY OF VERNON, COUNTY OF LOS ) ANGELES, STATE OF CALIFORNIA. ) NO. A P P L I C A T I O N The application of Los Angeles Junction Railway Company, a corporation, 4500 Downey Road, Los Angeles, California, respect» fully shows: 1. That communications in regard to this application are to be addressed to its attorneys, namely, Robert W. Walker and John J. Balluff, 448 Santa Fe Building, Los Angeles 14, California. 2. That the applicant's principal place of business in the State of California is in the City of Los Angeles, County of Los Angeles. 3. That applicant is a corporation, daly organized and existing under the laws of the State of California, as is shown by a certified copy of its articles of incorporation filed with your Honorable Commission on July 9, 1923 in Application No. 9205, and is engaged in the business of a common carrier of freight in the State of California. 4. That application is made pursuant to the provisions of Section 43 of the Public Utilities Act of the State of California.. 5, That applicant desires to construct, maintain and operate one spur track in the City of Vernon, County of Los Angeles, State of California, at the location and in the manner shown upon map No. 577H29, dated October 18, 1950, hereto attached and by reference made a part hereof. The proposed crossing of Seville Avenue is shown in red and is to be identified as Crossing No, 25'1.39•C. w 1 • 6. That said crossing is required for the purpose of serving an industry, namely, Milikin Packing Company, 7, That said crossing is within the City of Vernon and Ordinance Np. 639 of the City of Vernon dated November 21, 1950 authorizing this crossing is attached hereto and made a part of this application. 8. That said crossing will be protected by two standard No, 1 highway crossing signs and, in the opinion of the applicant, the amount of use of said track will not justify or reasonably require the installation of any further or additional Safety devices or the adoption of any other protective measures beyond the requirements of reasonable speed regulations and the proper signals of approaching engines or cars. WHEREFORE, your applicant prays that your Honorable Commission make an order authorizing the construction, operation and maintenance of said track as aforesaid. Dated this 1st day of December, 1950, ROBERT W. WALKER JOHN J. BALLUFF 448 Santa Fe Building 121 East Sixth Street Los Angeles 14, California By L Attorneys for Applicant LOS ANGELES JUNCTION RAILWAY COMPANY By • J. UMPP Vice President & General Manager • 2 STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES) C. J. LUMPP, being first duly sworn, deposes and says: That he is the Vice President and General Manager of the Los Angeles Junction Railway Company, the applicant herein named; that he has read the foregoing application and knows the contents thereof and that the same is true of his own knowledge except as to matters which are therein stated on information or belief, and that as to those matters that he believes it to be true. Subscribed and sworn to before me this 1st day of December, 1950 $. J. tIEGS Notary Public in and for said County and State. . P STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) Viola A. Meyer, being first duly sworn, says: That affiant is a citizen of the United States and a resident of the County of Los Angeles; that affiant is over the age of eighteen years and is not a party to the within and above entitled action; that affiantis business address is 448 Santa Fe Building, Los Angeles 14, California; that on the 1st day of December, 1950, affiant mailed a copy of the foregoing application to Mr. G. A. Anderson, City Clerk of the City of Vernon, California. That there is delivery service by United States mail at the place so addressed. Subscribed and sworn to before me this lst day of December, 1950. Notary Public in and for said County and State. •- 3 • I OIA